Shoutcast Privacy Policy

Transcription

1 Shoutcast Privacy Policy PLEASE READ THIS PRIVACY POLICY CAREFULLY. This Shoutcast Privacy Policy explains to You, user of the Shoutcast Services (as defined below) or visitor of (hereafter the WebSite ), which data are processed by Shoutcast (as defined below) when using Shoutcast s Services or visiting our WebSite. Modern information and communication technologies play a fundamental role in the activities of an organization like Shoutcast. Shoutcast s main activities consist in providing a suite of advanced technical tools and services to help users for the creation, hosting and broadcasting of their radio stations on Internet ( Shoutcast Services ). The Shoutcast Services also include communications intended to its users, particularly administrative messages, newsletters pertaining to the Shoutcast Services and forums/blogs. 1. Identification of the WebSite and its operator The WebSite and the Shoutcast Services are provided by Shoutcast SPRL, a company incorporated under Belgian law, with registered office at B-1070 Brussels, Boulevard International 55K, Belgium and registered with the Crossroads bank for enterprises under company number , its affiliates, successors, parents, subsidiaries, assigns and licensors ( Shoutcast ). Shoutcast is the data controller for the data processing activities occurring in relation to the use of the Shoutcast Services and/or visits of the WebSite. You can address Your question regarding the Shoutcast Privacy Policy and the processing of Your data to the following address: privacy@shoutcast.com. This Shoutcast Privacy Policy applies to all the Shoutcast Services available on the WebSite. 2. What Personal Data Shoutcast collects A Personal Data is any information relating to an identified or identifiable natural person. Personal Data are collected and processed notably in the following cases: - when You create Your Shoutcast Member Account and register as a Member of Shoutcast on Shoutcast Website rmo.shoutcast.com, Shoutcast collects the following categories of Personal Data: image (optional), first and last names, address, password, birthdate, phone number, address, country and language, information, VAT number, tax ID, IP address. - when You purchase a product or service on rmo.shoutcast.com, Shoutcast collects the following categories of Personal Data: image (optional), first and last names, address, password, birthdate, phone number, address, country and language, information, VAT number, tax ID. Shoutcast may collect as well the IP addresses of Your listeners if You choose the geolocation tool provided by Shoutcast. - when You download a Shoutcast software, Shoutcast collects the same data as when You create Your Shoutcast Member Account and register as a Member of

2 Shoutcast on Shoutcast Website. Shoutcast collects the IP address of Your stream server as well. - when You contact us, Shoutcast collects the following categories of Personal Data: the content of Your request and your address. - when You surf on the WebSite ( Shoutcast collects the following categories of Personal Data: none. - When You listen a radio station on Shoutcast collects Your unique device identifier. - When You activate monetization with Targetspot, Shoutcast collects the following categories of additional Personal Data: Paypal Account ID, Company Name, TaxID. - when required by national legislation, Shoutcast can in certain specific cases ask for a government issued ID as required by Your national tax laws. Please note that You will be invited to fill in a form where certain fields in bold or possibly followed by an asterisk (*) must be filled in to enable Shoutcast to supply the Shoutcast Services requested. Other fields are optional. The optional fields are exclusively intended to let Shoutcast contact You quickly if this proves necessary or to better identify Your fields of interest in order to send you information corresponding to them. 3. How Shoutcast uses Your Personal Data and on what legal basis? The purposes for which Shoutcast collects Your Personal Data depend on whether You made a simple visit to the WebSite or filled in a form on the WebSite to benefit from Shoutcast Services. The categories of Personal Data collected by Shoutcast will be those that are strictly necessary for the processing purposes described below. The Personal Data Shoutcast collects and processes when You register on the WebSite is exclusively that which is needed to provide the Shoutcast Services and for which You have entrusted Shoutcast to do so. No sensitive data is requested, nor collected by means of other databases. The legal basis for this processing is the necessity to execute the agreement between You and Shoutcast for the provision of the Shoutcast Services. Shoutcast may also collect and process Personal Data to keep You posted on Shoutcast latest product or services releases, software updates, and upcoming events by . The legal basis for this processing is Your consent ( marketing opt-in ). In addition, Your e- mail address may also be used to send you offers for products or services which may be of interest to you, as authorized by law (i.e. if You are a client of Shoutcast, have provided us with your address in the framework of the purchase of a product or service, our communications relate to analogous products or services as those already purchased, and you haven t opted-out to receiving such communications soft opt-in ). If You don t want to receive the Shoutcast newsletter, You can opt to unsubscribe at anytime, free of charge and without having to provide any justification ( opt-out ). Shoutcast may also send You a hard-copy newsletter at the postal address You provided Shoutcast with. The legal basis for this processing is the legitimate interests of Shoutcast, namely to market the Shoutcast Services to its users. You may always unsubscribe from those newsletters by following the guidelines included in those newsletters.

3 If You communicate Your phone number to Shoutcast, this means that You accept to receive a phone call from Shoutcast or from one of our affiliated partners. If You do not wish to receive such phone calls any longer, contact Shoutcast at privacy@shoutcast.com. Shoutcast also uses Your Personal Data to create, develop, operate, deliver, and improve its products, services, content as well as for other internal purposes such as auditing, data analysis and research. The legal basis for this processing is the legitimate interests of Shoutcast, namely to improve its products, services and content in order to serve its customers in the most appropriate way. Shoutcast may use Your Personal Data to verify Your identity for billing purposes or if required for the provision of the Shoutcast Services. The legal basis for this processing is the necessity to execute the agreement between You and Shoutcast for the provision of the Shoutcast Services as well as to comply with Shoutcast s legal obligations. Shoutcast may use Your Personal Data to send important notices, such as communications about purchases, subscriptions and changes to Shoutcast s terms and conditions or policies. The legal basis for this processing is the necessity to execute the agreement between You and Shoutcast for the provision of the Shoutcast Services as well as to comply with Shoutcast s legal obligations. 4. Collection and use of non-personal Data by Shoutcast Shoutcast also collects data in a form that does not, on its own, permit direct association with any specific individual. Shoutcast may collect, use, transfer, and disclose non-personal Data for any purpose. Shoutcast may collect information such as language, zip code, area code, referrer URL, location so that Shoutcast can better understand customer behaviour and improve its products and services. Shoutcast may collect and store details of how You use the Shoutcast Services. This data may be used to improve the relevancy of results provided by the Shoutcast Services. If Shoutcast does combine non-personal Data with Personal Data, the combined data will be processed as Personal Data for as long as it remains combined, for the purposes set out in this Shoutcast Privacy Policy. 5. Cookies Shoutcast may use ʻCookiesʼ to help better understand user behaviour. A cookie is a small text file that is sent on Your computer or other device and stored on Your hard drive or device memory. Shoutcast is using the following cookies to keep records of Your visits, to better tailor your future visits to Your preferences and generally to improve Your navigational experience. In using these cookies, Shoutcast deliver a more personalized experience on the WebSite. In the framework of the use of the WebSite, cookies may be placed on Your device to collect both anonymous data and Personal Data related to You as specified in this Shoutcast Privacy Policy. When You visit the WebSite for the first time, information on privacy and wording regarding the consent to the use of cookies will appear through a cookie banner. If You continue to actively use the WebSite and do not actively object to the use of cookies, You agree to

4 Shoutcast s use of cookies and such consent will be stored in Your browser, so that the information of the cookie banner does not have to be repeated on every page of the WebSite or at Your next connection. In the event that Your consent would no longer be registered in Your browser (e.g. in case of suppression of the cookies), the cookie banner will appear again the next time You visit the Website. Shoutcast installs and uses certain technically required cookies on Your device which do not require Your prior consent. Other cookies (such as cookies to improve the navigational experience by keeping record of certain data (this avoids You having to reintroduce such data at each connection) and by tailoring the content of the WebSite to Your preferences) may be installed and used on the basis of Your consent. You may, at any time, delete or block cookies in Your browser parameters. However, in such case, some functionalities of the WebSite requiring the use of cookies may no longer be available to You. Shoutcast uses analytics cookies to gather general information on how users use the WebSite (e.g. which pages they visit most frequently). These cookies do not collect any data that may lead to an identification of the users. All information collected with the aid of such cookies exclusively serves the purpose of understanding and improving the functionality of the WebSite. Shoutcast uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ( Google ). The information regarding Your use of the WebSite generated by the use of Google Analytics is usually transmitted to and stored on a Google server in the USA. However, the code gat._anonymizeip(); has been added to Google Analytics on the WebSite to ensure anonymous recording of IP addresses, known as IP masking. Google IP address anonymization on the WebSite truncates Your IP address within the European Union and European Economic Area territories. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. Google will use this information on Shoutcast s behalf to analyze Your use of the WebSite, compile reports on Website activity and provide other WebSite and internet usage-related services. The IP address transmitted by Your browser as part of Google Analytics is not merged with other Google data. You can prevent data generated and recorded by the cookie concerning Your use of the WebSite (including Your IP address) from being sent to Google and prevent the processing of these data by Google by downloading and installing the browser plugin available via the link Additional information on the Terms of Use and Data Privacy Policy of Google Analytics may be found at and 6. Protection of Personal Data - security measures Shoutcast takes the security of Your Personal Data very seriously. Shoutcast implements policy, rules and security measures targeting the protection of Personal Data. Shoutcast diligently updates, corrects and eliminate Personal Data that are inaccurate, incomplete or irrelevant. Shoutcast warrants that, for persons acting under its authority, access to Personal Data and the possibilities for processing these Personal Data are limited to what is needed by these persons for the exercise of their duties. Shoutcast informs persons acting under its authority of the provisions of European and Belgian Data Protection and Privacy laws, as well as any relevant requirements concerning protection of privacy in the processing of Personal Data.

5 Shoutcast ascertains compliance of programmes used for automatic processing of Personal Data and monitors the regularity of their application. Shoutcast ascertains that any person who has access to Personal Data can only process such Personal Data on instructions of Shoutcast, except in the case of an obligation imposed by or in virtue of the law, a decree or a court order. Shoutcast takes the necessary technical and organizational measures to safeguard against accidental or unauthorized destruction, accidental loss and modification, access or any other unauthorized processing of Personal Data. These measures ensure an adequate level of protection in view, on one hand, of the state of techniques in the field and the costs entailed for the application of these measures and, on the other hand, of the nature of the Personal Data to be protected and the potential risks. 7. When is Personal Data processing entrusted to a subcontractor and when are Personal Data disclosed? You acknowledge that Shoutcast may disclose Your Personal Data to its subcontractors for the above-mentioned purposes, both inside and outside the European Economic Area, namely Recurly Inc. (USA) ; Sendinblue (France) ; Intercom (UK), Zendesk (USA) ; Google Inc. (USA). You acknowledge that this may involve transfers of Your Personal Data to countries that do not provide an adequate level of protection. Appropriate contractual measures will be taken to ensure the security of Your Personal Data in compliance with the applicable privacy and personal data protection legislation. A copy of those appropriate contractual measures can be provided upon request. Shoutcast will always choose a subcontractor that provides sufficient guarantees with regard to technical and organizational security measures concerning data processing. Shoutcast may also transmit Personal Data on the request of a judicial or administrative authority by virtue of applicable law. 8. Duration of retention of Personal Data The Personal Data collected will be erased six (6) months after You unsubscribed from the Shoutcast Services for which You have registered on the WebSite, unless Shoutcast has a legal obligation to retain some Personal Data for a longer period of time. Some anonymised data may be kept thereafter exclusively for statistical purposes. 9. Your rights You can ask to Shoutcast, by sending an to privacy@shoutcast.com, whether Shoutcast processes some of Your Personal Data. You can also access and help Shoutcast ensure Your contact information and preferences are accurate, complete and up to date by logging in Your Shoutcast Member Account if You have created one, through the Shoutcast Radio Manager Interface. You can (i) ask Shoutcast to provide You with a copy of Your Personal Data, (ii) request that Shoutcast corrects Your Personal Data if it is inaccurate or, in some cases, delete Personal Data unless Shoutcast has a legal obligation to retain some Personal Data. You also have the right to ask for the restriction of the processing or to object to the processing of Personal Data relating to you as well as the right to data portability (as the

6 case may be). When applicable, You have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent made prior to such withdrawal. You can lodge a complaint with a supervisory authority (in particular in the Member State of the European Union of Your usual place of residence, place of work or the place where the violation occurred) if You consider that the processing of Personal Data related to You infringes the data protection legislation. Please note that access, modifications, corrections, deletion requests can be made usually through Your Shoutcast Member Account or at privacy@shoutcast.com. Shoutcast can request in some cases proof of Your identity (copy of identity card or passport) to be sure to respect Your Personal Data and not to send them to a wrong person. Newsletters, s that You receive will always include the possibility to unsubscribe from the receipt of any message in the future. 10. Others This Shoutcast Privacy Policy shall not restrict the rights that Shoutcast may have with regard to any natural person in virtue of specific agreements or other piece of legislation. Shoutcast may update its Shoutcast Privacy Policy from time to time. When Shoutcast updates its Privacy Policy, a notification will be posted on the WebSite at the occasion of Your connexion to the WebSite. Last version updated on May